Under Which Amendment Am I Protected?
by
Fran O'Malley
The Democracy Project

Abstract

In this lesson students will apply their understanding of the
Bill of Rights to "everyday" situations. The situations
presented in this lesson are intended to focus student attention
on rights that are considered "fundamental" under
the Bill of Rights.

Targeted Audience: Grades 4-5

Time to Complete: 40-50 minutes.

Benchmark Addressed: Civics 3 [Citizenship]

Identify the fundamental rights of all American citizens
as enumerated in the Bill of Rights.

Apply the protections guaranteed in the Bill of Rights to
an analysis of everyday situations.

Prior Knowledge
Prior to this lesson students should have developed an understanding
of the rights and protections embedded within the first ten
amendments to the Constitution.

Materials Needed

Copies of Amendments 1 through 10 (i.e. 8 ½"
x 11" signs). Each Amendment should be printed in large
font on individual pieces of paper. You can cut and paste
the Amendments from Handout 1
- The Bill of Rights.

A small box labeled "Situation Box."

Procedures

1. Tape copies of Amendments 1 through 10 in different locations
around the room just above the level of the students' heads.

3. Invite one student (Student A) to come up to the Situation
Box and pull one "Situation Strip" from the box.
Have that student read the situation to the rest of the class.

4. Ask a volunteer to stand beneath the Amendment (taped
to the board) that Person A might find protection "under"
and explain how that Amendment protects a person in Person
A's situation. Require students to use the exact wording from
the Amendment as well as their own words to explain the protection.

5. Repeat Steps 3 and 4 until all of the Situation Strips
have been exhausted.

What are the fundamental rights of American citizens as
outlined in the Bill of Rights?

Extensions

Take the Amendments down from the wall. Place students in
10 groups and give each group one of the Amendment papers.
Have each group create a Situation Strip case and place it
in the Situation Box. Repeat Steps 3 and 4 under the Procedures
section of this lesson.

For homework have students cut out articles from newspapers
or magazines that describe cases involving the Bill of Rights.
Be sure to encourage them to bring in photographs or cartoons
as well as articles. Create a Bill of Rights bulletin board
that features the 1st ten Amendments with the current events
articles that the students bring in.

A book that may be useful for teachers who wish to gather
information about actual Bill of Rights cases and rewrite
them for intermediate level use is You Decide: Applying the
Bill of Rights to Real Cases by George Bundy Smith and Alene
Smith. Available from Critical Thinking Books & Software
(www.criticalthinking.com)

Teacher's Guide

Situation

Under Which Amendment

Explanation of Protection

(described in a grade appropriate manner)

1

6

Adults charges with a crime are guaranteed
a trial by jury under the 6th Amendment to the Constitution.
NOTE: Juveniles are not guaranteed a trial by jury.
This is done to protect the identity of a minor

2

1

The first Amendment to the Constitution
states that the government may not promote religion. Since
public school teachers are government workers, they cannot
require students to pray.

3

1

The first Amendment guarantees freedom
of the press and protects people who write articles to
express an opinion.

4

1

While a person ought to choose a word
other than "stupid" to describe the decisions
of a person in a position of authority, American citizens
do have a right to free speech under the First Amendment.

5

1

The First Amendment guarantees American
citizens the right to "assemble" peacefully,
even if those involved in the assembly are protesting
against the government. NOTE: Many towns require
citizens to get permits before organizing the kind of
"assemblies" covered under the First Amendment.

6

6

The Sixth Amendment tries to protect
citizens from being taken advantage of by government officials
who have a better understanding of the law by guaranteeing
people who are suspected of a crime the right to have
a lawyer present while they are being questioned. This
right may go into effect even before a person has been
placed under arrest.

7

4

Although the 4th Amendment protects
citizens from unreasonable searches and seizures, this
was not an unreasonable search. The locker belongs to
the school, not the student. The principal would need
a "reasonable suspicion" that a school rule
had been broken to search a student's property, however.

8

8

The 8th Amendment protects citizens
against cruel and unusual punishment. Many people would
consider the principal's treatment to be cruel and unusual.
Some states and district, however, do allow paddling in
schools.